At Rory McCracken, we are happy to provide you with a variety of design services. As our Contract projects are governed by specific terms and conditions, so too are our hourly, package, product, and subscription services governed by these Terms of Service. Please review these terms, as well as our Privacy Policy and Terms of Use, as these terms will apply to any work we do together, as well as your visit to this website. Thank you kindly for your attention.

Your Responsibilities

As our customer, you have the power and ability to enter into this agreement on behalf of your person, company, or organization. You agree to fulfill your responsibilities within this project and see it through to completion within the time allotted. You agree to provide us with the text, images, or other content as and when we need it, and in the format we ask for. You agree to be bound by the deadlines and project timeline we set together, meaning you will provide your content, feedback and/or approval in a timely manner, and adhere to the payment schedule we agree upon (if applicable).

Once your site has been launched, or other product has been released, you are responsible for its maintenance, unless otherwise agreed upon. We cannot be held responsible for problems with or errors on the website. We offer website maintenance through this website that you can purchase if necessary.

You are also responsible for coordinating with third-parties other than us, including the creation of third-party accounts and payment for their services.

Our Responsibilities

We have the experience and ability to perform the services you need from us, and we agree to do so in a professional and timely manner. We will endeavor to meet all the deadlines we’ve set, but we cannot be held responsible for missed deadlines or launch dates if you have been late in supplying content or providing feedback or approval at any stage in the process. We also agree to maintain the confidentiality of any information you provide us with.

Relationship of the Parties

Rory McCracken is being hired as an Independent Contractor, and not as an employee or company affiliated with you. This agreement does not constitute a partnership, joint venture, or work-for-hire.

We reserve the right to contract third-party designers or other service providers as independent contractors for work in this project, however these third-party agents will also be bound by the conditions of this agreement.

Scope of our Work

Depending on the nature of a project, we may agree to the scope and price of the project in advance, or leave it open-ended as in hourly work.

By engaging in a project, you understand what is included and what is not. You agree that additional services requested beyond the scope of this Project, or beyond the amount you have pre-paid will be billed at the rates displayed on our website, unless another price is agreed upon (for example, large additions to the scope of the project may be subject to a new quote, rather than our hourly rates). If requested, we agree to provide a time/price estimate for additional services prior to beginning work on them. You understand that invoices for additional services may need to be paid with the remaining Project Balance before the site is launched.

Once our project has reached completion, we would be happy to provide you with website maintenance, technical support, website training, or other services at the hourly rates listed on our website. However we may not be able to provide these additional services immediately, due to our work with other clients. In the case of an emergency, a rush fee of 150% will apply if our services are required immediately.

Changes to Scope

If at any time you desire to add additional services to the scope of this project, invoices will be created for the additional services. Approval via electronic mail will be sufficient for most cases, as long as the estimated cost of the addition does not exceed 50% of the total project estimate. Services cannot be removed from an agreement after those services have been rendered.

Copyrights

You guarantee to us that any text, graphics, photos, designs, trademarks, videos, or other content that you provide us with for the website or other project are owned by you, or that you have permission to use them. If you do not have permission to use elements you have sent us, you are solely responsible for any infringement claims that may result.

When we receive your final payment, copyright is assigned as follows:

You own the final graphics and other visual elements that we create for you for this project. We will send you a copy of the images at the completion of the project. You agree to store these images safely as we are not required to keep them or provide source files for any of the content. You may use these files in future works as well as modify them.

We reserve the right to display the work, including the finished product or earlier variations of it, as well as graphics and other content we’ve created for this project. We may feature these designs on websites, in magazines or books, in design competitions, or in other formats. We own the earlier variations of the work, including unused mockups, as well as the right to use, sell, and display them. We also own individual elements used to create the final images.

We own the HTML, CSS, and other code we created for this project and we license it to you for use on only this project. You may contact us to request using the code on other projects, which may incur additional fees.

You agree to allow us to place our company name and website link in the footer of your website. Attribution links to your content management system and theme are recommended but not always required.

You own the text content, photographs, videos or other content you provided unless they are owned by someone else.

Payment Agreement

Please understand that we are a business, and we are putting our time, energy, and focus into your project. In many cases, we are focusing on your project to the exclusion of other clients. As such, we expect to be paid on time and in full. We set forth these conditions merely to ensure that we are paid for our work.

You agree to adhere to the payment schedule set forth in our project agreement (if applicable), or to pay for all hourly services rendered at the rates that have been made available to you.

You understand that all payments made through our website are non-refundable. Initial deposits made on contract work are also non-refundable. You may discontinue hourly work at any time, as long as you pay for all services rendered up until that point. Any services left unpaid for will not be released.

The Fine Print

Indemnity. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Designer in providing such assistance.

Limitation of Liability. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Validity

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure

Designer shall not be deemed in breach of this Agreement if Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, hurricane, blizzard, loss of power or internet, labor dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Designer shall give notice to Client when possible of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

Additional Terms

You understand that these are general terms that apply to all projects, and that more specific terms may apply to your individual project or program.

  • Contract Work: Design Proposals and Design Agreements are drafted for use with individual projects, and those terms supersede the ones on this page. Your electronic signature confirms your agreement with those terms.
  • Hourly Work: If we are working by the hour, you agree to the terms of the individual project, and to pay for any services rendered. If requested, we will provide a time/cost quote for any additional services.
  • Hourly Packages: If you purchase an Hourly Package, you agree to be bound by the terms of the Hourly Package Program, and that those terms supersede the ones on this page. Your purchase of these products confirms your agreement with those terms.
  • Monthly Retainers: If you enroll in a Monthly Retainer Program, you agree to be bound by the terms listed on the program sales page, and that those terms supersede the ones on this page. Your enrollment in these programs confirms your agreement with those terms.

Privacy Policy

Please also visit our Privacy Policy section establishing the privacy of your personal information at http://www.rorymccracken.com/privacy

Terms of Use

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.rorymccracken.com/terms

Your Consent

By engaging our services or purchasing our products, you consent to our Terms of Service and to our Privacy Policy and Terms of Use.

Changes to our Terms of Service

If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date below.

This policy was last modified on 08/31/2013.